Manoj Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25484 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Manoj Mali Son Of Gorakh Bhagat @ Gorakh Mali R/O Village- Ahwar Sheikh, Ward No.-13, P.S.- Majhauliya, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The seizure list or other documents filed with prosecution report does not show that the place of recovery is inside the house of the petitioner.

Allegation is that liquor was recovered from beneath the stairs. The petitioner has stated on oath that the said stair is out of the house and is accessible by anyone. The petitioner has

Patna High Court CR. MISC. No.25484 of 2021(2) dt.06-12-2021 2/2 got no criminal antecedent.

Since there is no supporting material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with CIS Excise Case No. 1 of 2021, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T